FOX TELEVISION STATIONS, INC., et al v. AEREOKILLER LLC, et al

Filing 27

Joint MOTION for Preliminary Injunction by ALLBRITTON COMMUNICATIONS COMPANY, AMERICAN BROADCASTING COMPANIES, INC., CBS BROADCASTING, INC., CBS STUDIOS, DISNEY ENTERPRISES, INC., FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS, INC., GANNETT CO., INC., NBC STUDIOS LLC, NBC SUBSIDIARY (WRC-TV), LLC, OPEN 4 BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK GROUP LLC,, TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL NETWORK TELEVISION LLC (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Declaration of Julie Shepard, # 4 Declaration of Sherry Brennan, # 5 Declaration of Samuel Bahun Part 1 of 5, # 6 Declaration of Samuel Bahun Part 2 of 5, # 7 Declaration of Samuel Bahun Part 3 of 5, # 8 Declaration of Samuel Bahun Part 4 of 5, # 9 Declaration of Samuel Bahun Part 5 of 5, # 10 Declaration of Barbara Wall, # 11 Declaration of Carly Seabrook, # 12 Declaration of Daniel Kummer, # 13 Declaration of Marsha Reed, # 14 Declaration of Rebecca Borden, # 15 Declaration of William Lord, # 16 Text of Proposed Order)(Smith, Paul). Added MOTION for Hearing on 8/2/2013 (rdj).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Case No. 1: 13-cv-00758 (RMC)

FOX TELEVISION STATIONS, INC., et al.
Plaintiffs & CounterDefendants,
v.
AEREOKILLER LLC, et al.
Defendants & CounterPlaintiffs.

DECLARA TION OF WILLIAM H. LORD
I, William H. Lord, declare as follows :

1.

I am Vice President and General Manager ofWJLA-TVlNewsChannel 8, a

division of Allbritton Communications Company ("Allbritton").

2.

I submit this declaration in support of Plaintiffs' Motion for Preliminary

Injunction. This declaration is based on my own personal knowledge, my review of Allbritton' s
books and records, or on information provided to me in my capacity as Vice President and
General Manager of Allbritton. If called as a witness, I will provide testimony regarding the
subject matter addressed in this declaration.

3.

Allbritton owns and operates television station WJLA-TV, which is licensed by

the FCC and broadcasts to viewers over-the-air on channel 7 in the Washington, D.C. market.
WJLA-TV is affiliated with the ABC Television Network.

- 16175 1683v l

4.

Allbritton is actively engaged, among other things, in the production and

distribution of television programming and other copyrighted works, including local news
programmmg.
5.

Attached hereto as Exhibit 1 is a true and correct copy of a non-exhaustive list of

television programs in which Allbritton holds the copyrights, and for which I have direct
knowledge were broadcast on WJLA-TV on May 27, 2013 , and May 28, 2013. I have direct
knowledge that other episodes of television programs in which Allbritton holds the copyright
have been aired on WJLA-TV (as original or repeat airings) at various times between May 27,
2013, and the present.

6.

Attached hereto as Exhibit 2 is a true and correct copy of a notice that was sent

with my knowledge and approval to defendants ' counsel, which informed defendants, pursuant
to Section 411(c) of United States Copyright Act and Section 201.22 of the Copyright Office' s
regulations, of their potential copyright infringement related to the programming listed in Exhibit
1 and Allbritton's intent to secure a copyright in that programming.

7.

Allbritton has submitted applications to register its copyrights in the programming

listed in Exhibit 1. A true and correct copy of those applications are attached hereto as Exhibit 3.

8.

Allbritton has not licensed to any of the Defendants the right to publicly display

or perform, distribute or reproduce copies of any of its television programs or other works in

-261751683vl

which it owns the copyrights, including those works listed in Exhibit 1.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this ~ day of

1V 1/1

,2013 at Arlington, Virginia.

William H. Lord

-361751683vl

EXHIBIT 1

No.

Program Title

Broadcast Date

Copyright Owner

Registration
Application

1.

ABC 7 News at 6 05/27/2013

5/27/2013

Allbritton
Communications
Company

1-948842652

2.

ABC 7 News at 6 05/28/2013

5/28/2013

Allbritton
Communications
Company

1-948842678

33546630v1

EXHIBIT 2

EXHIBIT 3

*-APPLICATION-*

Title
Title of Work: ABC 7 News at 6 05 /27/2013

Com pletion / Publication
Year of Completion:
Date oflst Publication:

2013

~0 13

Nation of 1st Publication: United States

Author

•

Author:
Author Created:

Work made for hire:
Domiciled in:

All britton Communication Company
entire motion picture
Yes
United States

Copyright claimant
Copyright Claimant:

Allbritton Comm unications Company
1000 Wilson B lvd., 1000, Arli ngton, VA, 22209 , United States

Certification
Na me:
Date:

Jerald Fritz
June 12,2013

Page 1 of 1

Registration # :
Service Request #: 1-948842652
Priority : Ro utine

Application Date: June 12,20 1303 :33:47 PM

Correspondent
Name: Jerald Fritz
Email: [e-mail]
Address : 1000 Wilson Blvd.
Arlingto n, VA 22209 United States

Mail Certificate
Allbritton Communications Company
Jerald Fritz
1000 Wi lson Blvd ..
1000
Arlington, VA 22209 United States

*-APPLICATION-*

Title - - - - - - - - - - - - - - - - - - - - - - - - - - - - Title of Work: ABC 7 News at 6 05 /28/20 13

Com pletion / Publication
Year of Completion:
Date of 1st Pub lication:

2013

~,2013
\~

Nation of 1st Publication: United States

Author

•

Author:
Author Created:

All britton Communication Company
enti re motio n picture

Work made for hire: Yes
Domiciled in: Uni ted States

Copyright claimant
Copyright Claimant:

A llbritton Communications Company
1000 Wilson Blvd ., 1000, Arlingto n, VA, 22209, United States

Certification
Name:
Date:

Je rald Fritz
June 12, 2013

Page lof I

Registration #:
Service Req uest # : 1-948842678
Priority: Routine

Application Date: June 12,201303 :34:32 PM

Correspondent
Na m e: Jerald Fritz
E m a il : [e-mail]
Address: 1000 Wi lson Blvd .
Arl ington, VA 22209 United States

Mail Certificate
Allbritton Communications Company
Jerald Fritz
1000 Wilson Blvd ..
1000
Arlington, VA 22209 United States